AN ACT pointing out the manner in which suits may be prosecuted on the bonds of executors, administrators and officers. sustained on co of party injured Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That it shall be competent for any person injured by the Suits may be misconduct of an executor, administrator or officer, within this pies in name of State, to obtain from the person holding the bond executed by obligee for use such executor, administrator or officer, a certified copy thereof;' on which copy, the person so injured may institute and carry on, in the name of the obligee of such bond, for the use of the person so suing, an action of debt against such executor, administrator or officer, and his securities, in any court having proper jurisdiction, and recover judgment for the amount of the bond: on which judgment, an execution may issue for such sum as it may be ascertained will be sufficient to indemnify the person so suing: Provided, That in no case shall the obligee of the bond be responsible for costs: but in case judgment should be rendered in favor of the defendant, cost shall be taxed and recovered against the person for whose use the suit was commenced. Sec. 2. That it shall be lawful for any other person injured as aforesaid, to proceed by scire facias, in such judgment, until Any person injured may pro: the amount thereof be exhausted: Provided, That the plaintiff ceed by scire shall always set forth the breach or breaches on which he may facias intend relying to support his suit: And provided, also, That nothing in this act shall be so construed, as to prohibit such executor, administrator or officer, and his securities, from pleading any matter which may be pertinent to their defence. February 23, 1816. MATTHIAS CORWIN, AN ACT establishing boards of county commissioners. commissioners to Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That there shall be established in each organized county Board of county in this State, a board of commissioners, to consist of three per- consist of three sons, to be elected by the qualified electors thereof, at the annual and be elected election in October; who shall hold their offices for three years, triennially except as hereinafter provided: and are hereby authorized and empowered to do and perform all such duties as now are, or hereafter may be, required of them by law. term of service Sec. 2. That the commissioners first elected in any new In new counties, County in this State, shall hold their office for the term of one, to be determined two and three years; to be by them determined by lot, at their by lot first session. Sec. 3. That whenever it becomes necessary to elect a com- Commissioners missioner to fill any vacancy occasioned by death, resignation or elected to fill a vacancy hold, etc. shall removal, the person elected shall hold his office for the unexpired period for which his predecessor was elected, and until his successor is elected and qualified. to fill a vacancy al election, the associate judges may appoint Sec. 4. That whenever there shall be a vacancy in the office When necessary of county commissioner, from any cause other than the expirabefore the annu tion of the term for which he was elected, and the interest of the county shall require such vacancy to be filled before the next annual election, the associate judges, or a majority of them, shall meet at the seat of justice of the county, and appoint one or more commissioners, (as the case may require:) who shall continue in office until the next annual election, and until the commissioner or commissioners then elected shall be qualified, and no longer: and the absence of any commissioner from the county for six months in succession, shall be deemed a resignation of the office. Term of office Sec. 5. That nothing in this act shall be so construed as to of those hereto affect the term of office of any commissioner heretofore elected affected hereby and qualified. fore elected not and deposit a Sec. 6. That before any commissioner shall enter upon the Commissioners duties of his office, he shall take an oath or affirmation, before to take an oath some person authorized to administer the same, faithfully and certificate there- impartially to discharge the duties of a commissioner of the of with the au county in which he resides; and deposit a certificate thereof with the auditor of the county, to be by him filed and carefully preserved. ditor May sue and be sued sessions annual Sec. 7. That the board of commissioners, in the several counties of this State, shall be capable of suing and being sued, pleading and being impleaded, in any court of judicature within this State: and they are hereby authorized and required, to ask, demand and recover, by suit or otherwise, any sum or sums of money or other property, due to such county on account of advances made by them on any contract with any person or persons for the erection or repairs of any public buildings or bridges, or any other contract which, by the provisions of this act, they are authorized to enter into; and, in like manner, to sue for, and recover in money, the value or amount of any labor or article of value, subscribed, instead of money, to aid in erecting or repairing public buildings or bridges, where such labor or article of value, upon their requisition, shall not have been performed, delivered or paid in a reasonable time: and the money so recovered, in either of the above cases, shall be by them paid into the treasury of the county; and they shall take the treasurer's receipt, and file the same with the auditor of the county. Sec. 8. That the board of commissioners shall bold three Shall hold three sessions annually, at the seat of justice in their respective coun ties, commencing on the first Mondays of March, June and December; at all of which they shall transact any business which now is, or hereafter may be, required of them by law. ly Their duty at Sec. 9. That, at the June session, the commissioners shall the June session examine and compare the accounts and vouchers of the county auditor and treasurer, count the funds in the treasury, and di rect the auditor to publish an exhibit of the receipts and expenditures for the past year. lation to the Sec. 10. That the commissioners, at any of their stated ses- At any session sions, or at any extra session which they are hereby authorized they may make to hold for the purpose, may make any necessary order or con- contracts in retract in relation to the building, finishing, furnishing or repair- public buildings, ing the public buildings, poor houses or bridges, the improvement &c. or inclosure of the public grounds, the maintenance and support of idiots or lunatics, or the expenditure of the three per cent. fund, within their counties. the auditor to Sec. 11. That the county commissioners be, and they are commissioners hereby authorized to empower the county auditors of their may authorize respective counties to contract for the making of such repairs contract for reor improvements on the public buildings, or public grounds of pairs, the costé their counties, as may be necessary: Provided, The costs of $50 such repairs or improvements shall not exceed fifty dollars. not exceeding Sec. 12. That the commissioners of the respective counties Commissioners shall have power to compound for, or release, in whole or in may compound part, any debt, fine or amercement, due to their county and for, or release for the use thereof, when in their opinion the interest of such &c. due to the county will not be prejudiced thereby; except in cases where county they, or either or them, are personally interested. any debt, fine, cerned in any Sec. 13. That no commissioner shall, directly or indirectly, Commissioner as contractor, be concerned in any contract for work to be shall not be cou done, or materials to be furnished, for the county, under the contra for penalty of one hundred dollars; to be recovered by an action the county, un. of debt, for the use of the county: and such commissioner $100 shall, moreover, forfeit any compensation he was to receive on such contract; any thing in the same to the contrary notwithstanding. der penalty of Commissioners may administer Sec. 14. That the commissioners, or either of them, are hereby authorized and empowered to administer all oaths or affirmations, necessary in discharging the duties of their res- oaths pective offices. vide a place for Sec. 15. That, until proper buildings are erected at the They shall pro place fixed on for the permanent seat of justice in any county, holding courts it shall be the duty of the county commissioners to provide until buildings some suitable place for holding the courts of such county. are erected decision of the Sec. 16. That if any person or persons shall conceive him, Appeals may be her or themselves aggrieved by the decision of the commission- taken from the ers, in any case, such person or persons may, within fifteen days) commissioners thereafter, appeal to the next court of common pleas, notifying to the commor. the commissioners of such appeal, at least ten days before the pleas time of trial; which notice shall be in writing, and delivered personally to the commissioners, or left with the auditor of the county: and the said court shall, at their next session, hear and determine the same; which decision shall be final. Sec. 17. That if any commissioner shall be guilty of any Commissioner misconduct in office, he shall, on conviction thereof, by indict-convicted on ip dictment for mis ment, before the court of common pleas of the proper county, conduct in office, be immediately removed from office, and fined at the discreshall be removed tion of said court, in any sum not exceeding four hundred dollars, with costs; which fine shall be paid into the county treasury, for the use of the county. and fined point road com vacancy Sec. 18. That whenever any commissioner, appointed by the Legislature of the State, to do or perform any duty in relaCounty commis tion to State roads, shall die, remove from the county where sioners may ap he resided at the time of his appointment, or refuse to serve, missioners to fill the county commissioners of the proper county shall, when required so to do, meet and appoint a person to fill said vacancy. Sec. 19. That the act, entitled "An act establishing boards of commissioners," passed twenty-fifth of February, eighteen hundred and twenty-four; and the act to amend the same, passed January twenty-eighth, eighteen hundred and twenty-five; and all other acts heretofore passed on that subject; be, and the same are hereby repealed. Acts repealed This act to take effect and be in force from and after the first day of June next. March 5, 1831. JAMES M. BELL, Speaker of the House of Representatives. Speaker of the Senate. County assessor AN ACT for the election of county assessors. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That there shall be elected on the second Tuesday in October, biennially, by the qualified electors in each organized to be elected bi-county in this State, one county assessor for each county, who shall hold his office for two years from the day of his election, and until his successor is elected and qualified; and shall do and perform all such duties as now are, or hereafter shall be required of him by law. ennially Sec. 2. That the county assessor, previous to entering on Shall give bond the duties of his office, shall give bond, with two or more freeand security and hold securities, to the acceptance of the county commissioners, be indorsed on in the penal sum of two thousand dollars, payable to the State take an oath, to The bond of Ohio, and conditioned for the faithful and impartial discharge of the duties of his office according to law: and shall take and subscribe an oath or affirmation, to be indorsed on his bond, that he will faithfully and impartially discharge the duties of his said office to the best of his skill and ability; and the bond so indorsed shall be deposited with the county treasurer, and by him carefully preserved. Sec. 3. That if any county assessor shall not give bond and the oath, shall security, or shall not take the oath or affirmation, as required in Fallure to give the preceding section, on or before the first Monday of De-bond, or to take cember next after his election, his office shall be considered va- vacate the office cant. to fill a vacancy Sec. 4. That in all cases where the office of county assessor shall become vacant by death, removal from the county, resig- When necessary nation, failure to give bond, or from any other cause, and the previous to the interest of the county requires that such vacancy should be annual election, filled previous to the next annual election, the county commis- the county comsioners of the proper county shall appoint some suitable person, appoint having the qualification of an elector, and residing within such county, to fill the vacancy; and if necessary, the commissioners may hold a special meeting for that purpose. missioners may Sec. 5. That the person appointed to fill such vacancy shall Person appoin. give bond, and take an oath or affirmation, as required in the ted to fill vacan: second section of this act, and shall hold his office until the cy must give next annual election, and until his successor is elected and quali- sworn as afore. fied. bond, and be said bation of the Sec. 6. That whenever the commissioners of any county Assessors may shall be of opinion that the county assessor will be unable to appoint deputies perform all the duties required of him within the time specified with the approby law for the performance thereof, the assessor may, with the commnissioners approbation of the commissioners, appoint one or more deputies to assist in the performance of the duties of his office. Deputies must Sec. 7. That each deputy assessor shall be sworn or affirmed faithfully and impartially to discharge the duties of his appoint- also be sworn ment, and may do and perform any duty required of his principal, except making a valuation of lands and town lots, and serv ing as a member of the board of equalization; and the principal shall be liable for all the misconduct in office of his deputy or deputies. Assessors and account of the Sec. 8. That each county assessor and deputy assessor, shall, at the end of each week in which he shall have been engaged in their deputies to the performance of any of the duties required of him by law, keep a weekly ⚫ enter an account in writing of the number of days or parts of time spent in the days he may have been so engaged during the week; and at performance of some stated meeting of the county commissioners, shall present such original account to said commissioners, and shall testify, un- to commissionder oath or affirmation, to the accuracy of such account, and ers under oath shall answer such questions, respecting the same, as may be put to him by the commissioners. their duties, and render the same Sec. 9. That the assessor and deputy assessor shall each be Their compen allowed the sum of one dollar and fifty cents for each day that sation the county commissioners shall be satisfied they shall have been respectively employed in the discharge of the duties required of them by law. stituted on assess Sec. 10. That suit may be instituted on the bond given by Suit may be in. the assessor, in the name of the State of Ohio, either for the use sor's bond by of the State, county or any person injured by the misconduct in party injured |